bagpiper wrote:The gun haters are making hay with this. No matter. The fact is, Heller is not the end all of rulings on the matter, it is the beginning. And not a terrible beginning either. Go back and look at the history of laws and court rulings on freedom of speech, press, religion, search and seizure, right to a lawyer or to remain silent, cruel and unusual, etc.
What Saclia said about the 2nd amendment, he could have easily said about the 1st, 4th, 5th, 6th, etc. There are limits to religious expression, speech, press, access to an attorney, what constitutes a speedy trial, and so on and so forth. We all recognize and live with limits on the RKBA today. Nobody really suggests that the RKBA covers WMDs. I doubt any of us have any heartburn with bans on carrying guns into the State prison or secure mental hospitals. Post these areas clearly, provide secure storage, and then employ reasonable means to be sure nobody else has weapons so that the "gun free zone" is more than an honor system relying on the good will of the dishonorable, and who can complain with the logic? Given the unique environment, even the guards do not carry guns within reach of the prisoners.
Tell me I can't incite a riot, or yell fire in a crowded theater when there is no fire and I'm fine. Freedom of religion does not extend to human sacrifice. Given sufficient exigency or first hand knowledge the need for a warrant is diminished. Try to print or broadcast actual national security information and the courts may just grant the government an injunction to stop you speech and press in those cases.
Rights are not absolute. Sure, the gun grabbers will rejoice to hear a strict constructionists justice say that relative to the 2nd amendment even as they scream to high heaven when he says the same thing relative to porn or obscenity, or correctly points out that the Constitution does not actually grant nor protect a specific right to privacy (though I think being truly secure in our persons, papers, and effects has the effect of providing privacy). But thoughtful men will see nothing particularly noteworthy nor alarming in Scalia's comments.
Besides, while Heller and McDonald were great wins and we presume will someday be the foundation of something even better, for 20 years we have made tremendous progress legislatively. Even Obama isn't anxious to openly attack RKBA until he is a lame duck. And even if that happens, most of Congress won't be lame ducks. House elections of '94 and Gore's loss in 2000 are not forgotten among those whose careers and lifestyles depend on not losing elections. We have to keep up the good fight, of course. Frankly, we've gotten a little lazy in Utah as of late. But Scalia's comments are the least concerning thing out there right now.
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